« ForrigeFortsett »
ABATEMENT AND REVIVAL. ment to which they were chartered, the accounts
will be deemed stated between the parties.-
Morse Dry Dock & Repair Co. v. Munson S. S.
Abatement, see "Abatement and Revival."
vival," § 1.
Actions between parties in particular relations.
Actions by or against particular classes of
See "Carriers," $$ 2, 3; "Schools and School
Districts," § 1; “United States," $ 1.
Stockholders, see "Corporations," $ 1.
Particular causes or grounds of action.
ance," § 2; "Waste"; “Work and Labor."
Breach of contract, see "Sales," $ 2.
Breach of contract of shipment, see “Shipping,"
Claim against school district, see "Schools and
School Districts," $ 1.
Death caused by operation of railroad, see
Death of passenger, see "Carriers,” $ 3.
Infringement of patent, see “Patents," § 5.
Infringement of trade-mark or trade-name,
Injuries to property of tenant, see "Landlord
and Tenant,. § 1.
Personal injuries, see “Carriers," § 3; "Elec-
tricity"; "Master and Servant," § 1; "Rail-
roads," $ 2.
Price of goods, see "Sales," $ 2.
Unfair competition in trade, see "Trade Marks
and Trade-Names,” § 3.
Particular forms of special relief.
See “Injunction"; "Specific Performance.”
*Point annotated. See syllabus.
Enforcement of railroad rates, see “Carriers,” | the whole for his landlord, the effect was ar § 1.
abandonment of his own possession, and there Enforcement or foreclosure of lien, see "Mari- after his possession was that of his landlord
time Liens," § 1; “Mechanics' Liens," $ 3. referable to the entry and extending to the whol Establishment and enforcement of trust, see tract under Shannon's Code Tenn. $$ 4456"Trusts," § 2.
4458, although he did not extend his actual in Foreclosure of mortgage, see "Mortgages," § 2. closures.-Bell v. North American Coal & Cok Preventing closing of inlet in navigable waters, Co. (C. C. A.) 712.
see "Navigable Waters," § 1.
*When a tenant is placed in possession of Setting aside fraudulent conveyance,
definite part of a larger tract of land, the pos
see "Fraudulent Conveyances," $ 1.
session will not avail the landlord beyond th
part so claimed and held; but if one claimin Particular proceedings in actions. under an assurance of title defining boundarie See “Appearance"; “Costs”; “Damages"; place a tenant in possession without limiting
"Judgment"; "Jury"; "Limitation of Achim to any definite part, the tenant's possessio
part of the whole.-Bell v. North American Coa
Particular proceedings or purposes. Suits in admiralty, see "Maritime Liens,” § 1; Preliminary affidavit or information for con "Shipping," $ 6.
tempt, see "Contempt," $ 2. Suits in equity, 'see Equity.”
Verification of pleading in suit for injunction
see "Injunction," $ 3. Review of proceedings.
Verification of specifications to bankrupt's dis-
"Judgment," $ 1.
See "Principal and Agent."
AIDERS AND ABETTORS. Effect on jurisdiction of equity, see "Equity," $$ 1, 3.
Criminal responsibility, see "Criminal Law,
$ 1. ADMINISTRATION.
ALASKA. Of estate of bankrupt, see "Bankruptcy," § 5. Appealability of orders of district court of, a
dependent on_finality of determination, se ADMIRALTY.
“Appeal and Error," § 1.
Jurisdiction of United States district court d See "Collision”; “Maritime Liens"; "Salvage”;
prosecution for gambling within limits "Shipping"; "Towage.
town in Alaska, see “Criminal Law," $ 2.
Immigration regulations, see "Commerce," § 3 See "Limitation of Actions."
Laws relating to immigration as denying du
process of law, see "Constitutional Law § 1. Nature and requisites.
8 6. Where an occupant of land without color of title attorned to another who made entry from § 1. Immigration. the state of a definite tract including the land In the provision of the immigration act (ad SO occupied, and agreed to hold possession of Feb. 29, 1907, c. 1134, $ 3, 34 Stat. 899), mal
*Point annotated. See syllabus.
aited states anyo alieno moman or girl for the "Under scircuit Tourt of Appeals rule No. 11, rpose of prostitution or for any other immoral the court held to have the right to notice plain rpose," the words "any other immoral pur- errors not assigned.-A. Santaella & Co. v. Otto se" must be construed with reference to the F. Lange Co. (C. C. A.) 719. eceding word "prostitution," and to relate only
a like immoral purpose, and so construed 86. Review. nnot be held to include concubinage.-United
*Where the whole testimony has not been incates v. Bitty (C. C.) 938.
corporated in the record, it will be presumed that such testimony preponderates in favor of,
and sustains the judgment of, the trial court.AMENDMENT.
Vera Cruz & P. R. Co. v. Waddell (C. C. A.)
401. i application for patent, see "Patents," $ 2. *Where specific findings of fact were made
petition in bankruptcy, see "Bankruptcy,” by the trial court, and not excepted to, and the $ 1.
evidence is not all incorporated in the record,
such findings will be taken as true, and the apANSWER.
pellate court will not reverse, unless it finds the
judgment rendered to be contrary to the facts pleading, see "Equity," $ 3.
so found.-Vera Cruz & P. R. Co. v. Waddell (C. C. A.) 401.
*It is not reversible error that improper eviAPPEAL AND ERROR.
dence was not formally excluded where the trial eview in bankruptcy proceedings, see “Bank- P. R. Co. v. Waddell (C. C. A.) 401.
was to the court without a jury.- Vera Cruz & ruptcy,” 88 6, 16.
*Reversal of the lower court's judgment as to 1. Decisions reviewable.
the facts will only be made when such judgment An order made by a District Court of Alaska, is shown to be against the clear preponderating tting aside a prior judgment of such court weight of all the evidence.- Vera Cruz & P. R. nd granting a new trial, is not appealable un- Co. v. Waddell (C. C. A.) 401. r Code Alaska, pt. 4, c. 51, $ 504, which gives e right of appeal from a "final judgment or der," but such order may be reviewed on ap
APPEARANCE. al by the Circuit Court of Appeals for want jurisdiction in the court to make it.-Nelson By attorney, see "Attorney and Client,” $ 1. Meehan (C. C. A.) 1. 2. Presentation and reservation in
The objection that a court is without jurislower court of grounds of review. diction of a suit for infringement of a patent The question of want of mutuality in a con- because not brought in the district of which deact held properly raised by the record.-A. fendant is an inhabitant, or a district in which antaella & Co. v. Otto F. Lange Co. (C. C. A.) infringement was committed, and defendant has 9.
a regular and established place of business, if
apparent on the face of the pleadings, is waivA motion for a new trial is not essential in ed by the filing of a general demurrer or any federal court to entitle a party to a review other act which constitutes a general appear
the judgment on writ of error by the Cir- ance.-Thomson-Houston Electric Co. v. Elecit Court of Appeals.-Aaron v. United States trose Mfg. Co. (C. C.) 543. . C. A.) 833. 3. Requisites and proceedings for
APPLIANCES. transfer of cause. The six months allowed by statute for suing at a writ of error for the review of a judgment Liability of employer for defects, see “Master
the Circuit Court of Appeals cannot be ex and Servant,” $ 1. nded by a motion in the trial court to vacate e judgment, filed after such time has expired, hich brings nothing new into the record, but
APPOINTMENT. in effect merely a motion to reargue the queson whether the judgment was warranted by Of trustee in bankruptcy, see "Bankruptcy," e record.—United States v. Fidelity & De § 2. sit Co. of Maryland (C. C. A.) 117. 4. Record and proceedings not in rec
APPORTIONMENT. ord. Legal issues other than the one specifically of salvage compensation, see "Salvage,” $ 2. esented for determination may properly be nsidered and determined by an appellate court here they naturally arise, and are pertinent to
APPRAISAL. question at issue and to further proceedings the trial court.—Collin County Nat. Bank of Of merchandise subject to duty, see "Customs Kinney, Tex., v. Hughes (C. Č. A.) 389. Duties," $ 3.
* Point annotated. See syllabus.
ARBITRATION AND AWARD.
. termine the ownership of the stock under_ar
agreement to which it was not a party.--Du. See "Reference.”
vall v. Sulzner (C. C.) 910. § 1. Submission.
In an arbitration proceeding to settle dif. A written contract inter partes, as an agree-ferences between an interstate carrier and its ment for arbitration stating questions to be sub- employés under Act June 1, 1898, c. 370, 30 mitted and determined must primarily be in- Stat. 424 [U. S. Comp. St. 1901, p. 3205], terpreted by its language taken in its ordinary where exceptions to the award are taken, the and accepted meaning, and if that language is Circuit Court cannot enter judgment until the plain and unambiguous in itself there is no appeal provided for by section 4 has been deroom for construction, but it, will be held to termined or the time for such appeal has ex. mean precisely what its terms imply.-In re pired.-In re Southern Pac. Co. (C. C.) 1001. Southern Pac. Co. (C. C.) 1001. An arbitration of differences between an in
ARMY AND NAVY.
The provision of Rev. St. $ 5438 (U. S. Comp on
/ 1901, p, it an to ment of arbitration entered
into by the parties, knowingly purchase or receive in pledge from which limits and determines not only the rights any soldier any public property which such of the parties thereto, but also the extent of soldier has no lawful right to sell or pledge the powers of the arbitrators.-In re Southern construed.-United States v. Koplik (c. C.) 919 Pac. Co. (C. C.) 1001.
It is not a defense to a prosecution under Rev. An agreement for arbitration under Act June St. $ 5438 [U. S. Comp. St. 1901, p. 3674), for 1. 1898, c. 370, 30 Stat. 424 [U. S. Comp. St. receiving, in pledge public property from a 1901, p. 3205), between a railroad company and soldier, that such property consisted of clothing the Order of Railroad Telegraphers, construed which the soldier had paid for out of his cloth with respect to the scope of certain questions ing allowance.-United States v. Koplik (C. C.) thereby submitted.-In re Southern Pac. Co. 919. (C. C.) 1001.
ARREST. § 2. Arbitrators and proceedings. Mere statements made by one claiming owner
See “Bail.” ship of certain stock of a corporation that, if he recovered it, he would use or dispose of it for
ASSESSMENT. the benefit of the corporation, did not constitute a transfer which entitled the corporation to notice of a hearing by arbitrators to determine Of compensation for property taken for pub the ownership of the stock under an agreement
lic use, see "Eminent Domain," 8 2. to which it was not a party.-Duvall v. Sulzner On stock in national bank, see “Banks and (C. C.) 910.
Banking," § 1. § 3. Award.
*An allegation that arbitrators acted "with ASSIGNMENT OF ERRORS. manifest unfairness and with such partiality as to destroy the judicial character of the proceed- See "Appeal and Error," § 5. ings" does not state any ground for impeachment of their award, in the absence of any allegation that the party benefited participated in
ASSIGNMENTS. any misconduct or was guilty of fraud or collusion.-Duvall v. Sulzner (C. C.) 910.
Fraud as to creditors, see "Fraudulent Con A party to an arbitration agreement held to veyances." have waived the right to notice of the hearing In bankruptcy, see "Bankruptcy," $ 3. before the arbitrators and to object to the consideration of evidence not legally admissible.
Transfers of particular species of property, Duval v. Sulzner (C. C.) 910.
rights, or instruments. A party to an arbitration agreement who
See “Copyrights," § 1; “Trade-Marks an
§ 2. voluntarily joins in the selection of persons as arbitrators who are known to have formed opinions upon the merits of the controversy cannot ASSIGNMENTS FOR BENEFIT OF impeach the award on the ground that the arbitrators were not impartial.-Duvall v. Sulzner
CREDITORS. (C. C.) 910.
Mere statements made by one claiming own- See "Bankruptcy," 88 2-8. ership of certain stock of a corporation, that if he recovered it he would use or dispose of it for the benefit of the corporation, did not con ASSUMPSIT, ACTION OF. stitute a transfer which entitled the corporation to notice of a hearing by arbitrators to de- see "Account Stated"; "Work and Labor."
*Point annotated. See syllabus.